Court of Appeal Wellington
CA 94/02
1 May; 12 June 2003
McGrath, Fisher and Rodney Hansen JJ
CA 94/02
1 May; 12 June 2003
McGrath, Fisher and Rodney Hansen JJ
Contract — Interpretation — Admissibility of extrinsic evidence.
Relationship property — De facto relationships — Property-sharing agreement — Nature of transfer of half purchase price of property — Whether a loan or an irrevocable payment for benefit of both parties.
Trusts and trustees — Resulting trust — Whether any expression of intention of settlor that beneficial interest in half of property would pass to legal transferee — Whether purpose of transfer to provide basis for transferee purportedly to participate in gifting programme — Transferor arguing own fraudulent intention — Estate and Gift Duties Act 1968.
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